LHS hosts crash re-enactment

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The leading cause of death for 15 – 24 year olds in the United States is car crashes, according to Captain Jeff Goodwin of the Colorado State Patrol. He collected that information from the National Highway Traffic Safety Administration.

He said that one third of those fatal crashes involving 16 – 19 year olds, are alcohol related.

In conjunction with Team Colorado Child Passenger Safety, the Colorado State Patrol, Lamar Police Department, Lamar Fire and Ambulance and Prowers County Sheriff’s Department held a mock DUI accident at Lamar High School Friday morning.

The mock accident was staged to get the word out to promote safety for students with prom and graduation nearing.

Drama students from Lamar High School were used to stage the accident. The scene began with one student down on the ground, as a result of the accident. Another student, the driver of the vehicle was trying to get the downed student to “wake up”, as he said. The driver, who was clearly intoxicated was seen walking around the vehicle trying to revive the other passengers. Local law enforcement personnel responded to the scene including the Lamar Police Department, Prowers County Sheriff’s Department and Colorado State Patrol.

The CSP handled the investigation for the accident. The mock accident went through each phase of the process, including an arrest of the driver, and the coroner coming on scene to declare one accident victim deceased.

One student, was portraying a character pursuing a modeling career and had a large gash on her face. Another student was playing a college bound football athlete. But, due to the accident, he had lost a leg. The other victim involved died as a result of the accident.

One other student was involved in the mock DUI accident. That person was the intoxicated driver. He was arrested and charged in the death of the student.

According to Captain Goodwin, “kids are 1 1/2 times more likely to have a fatal crash after one or two drinks. They are three times more likely after three drinks.”

Seventy seven percent of all (national) fatal crashes that involve alcohol occur at night, said Goodwin.

The CSP Captain said that statewide in Colorado the number of Colorado teens killed in auto crashes dropped 34 percent from 2006. In 2006, 66 teen drivers and passengers ages 16-20 were killed in motor vehicle crashes. That number dropped to 43 in 2007. Goodwin said the highest year for teen auto deaths was 107 in 2002.

One of the reasons for the mock crash was to make a point to help kids be aware, commented the State Patrol Captain. He said especially with prom coming up for area schools, it will hopefully jog their memory and they will make wise decisions.

“For those paying attention at the mock crash and to see a brethren get sentenced, that should make a powerful impact,” said Captain Goodwin.

A mock trial was also held for the event. The process jumps to a sentencing hearing and is at the point where the defendant has exhausted all of their appeals. By special assignment of the Chief Judge of the District Court for the 15th Judicial District, judge Larry Stutler presided as district judge for the proceeding.

The following is the statement from the judge for the proceeding:

“This is a sentencing hearing which follows a jury verdict previously entered. That jury verdict found the defendant guilty of three separate offenses; 1) Driving Under the Influence; 2) Driving with Excessive Alcohol Content; and 3) Vehicular Homicide. Based on the jury verdicts entered as to each count the defendant was convicted of each offense.

The defendant was tried as an adult, given the fact that he was 18 years of age when the offenses were committed.

At the outset, let me express my sympathies to the victims and their families. This has been a tragedy of great proportion for many. Nothing I say here is intended to diminish that fact. I do not intend to speak in a cold or uncaring manner, however, the court has a job to do today and that is to enter a sentence according to the law and the purposes and goals of sentencing.

The Colorado Legislature has defined the following as the purposes and goals of sentencing in a criminal case: 1) punishment; 2) fairness; 3) consistency; deterrence; and 4) where possible rehabilitation of the defendant.

I have heard from the family of the deceased and his friends about their great loss and the fact that he will never be able to live out his dreams and ambitions, nor will they be able to share life with him. I have also heard from the two young people who suffered debilitating injuries and their families. I have heard about the suffering they have, and will continue, to endure.

I have heard from the defendant and his family and have no doubt as to the truth of their words concerning the fact that this accident has changed their lives forever.”

For purposes of the dramatic presentation the court imposed a maximum sentence taking into account the factors involved in the charge of vehicular homicide, including the fact that the actions of the defendant while intoxicated were the sole and proximate cause of the death of another. Under normal (non-dramatic) circumstances the court would be required to consider a range of sentences. The sentencing parameters for the offenses are as follows:

A. Driving Under the Influence C.R.S. 42-4-1301 (1) (a) (assuming a first time offense) are: 1) 5 days to 1 year in jail; 2) fines of $300 to $1,000; 3) 48 to 96 hours of useful public service; and 4) alcohol evaluation and treatment. The minimum jail term may be suspended conditioned on completion of alcohol treatment with maintained sobriety during a term of unsupervised probation (usually one year).

B. Driving With Excessive Alcohol Content C.R.S. 42-4-1301 (2) (a) are substantially the same as those listed for Driving Under the Influence.

D. As concerns the sentence the court would also be required to consider probation with attached conditions of: 1) up to 90 days in the County Jail; 2) level of supervision; 3) useful public service; alcohol evaluation and treatment; and 4) restitution.

Captain Goodwin said it is the hope of all law enforcement personnel involved with the mock accident that it will make young people more aware of the possible consequences of drinking and driving so that they will never be faced with being charged and sentenced in such a tragic event.